Ramon A. Garcia and Bertha E. Garcia - Page 28

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             Accuracy-Related Penalty                                                 
                  Respondent determined that petitioners are liable for               
             the accuracy-related penalty for negligence prescribed by                
             section 6662.  Petitioners contend that they should not be               
             liable for the penalty because they acted in reasonable                  
             and good faith reliance on the advice of their accountant,               
             Mr. Robert Glen, in preparing their 1990 and 1991 tax                    
             returns.  They maintain that Mr. Glen was fully aware                    
             of all of the facts and circumstances relating to the                    
             formation and execution of the plan, as well as                          
             petitioner's loans from the plan, and that Mr. Glen failed               
             to advise them to report the amounts received as taxable                 
             distributions.  Petitioners also maintain that petitioner                
             has no training or special knowledge regarding Federal                   
             tax law and qualified plan benefits, and that he did not                 
             understand "the application of federal tax laws to the                   
             loans he received from the qualified plan."                              

















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